Medical Malpractice FAQ

What is medical malpractice law?

Medical malpractice law is a legal area that addresses medical mistakes made by a healthcare professional that result in harm or injury to a patient. These mistakes may include misdiagnosis, surgical errors, medication errors, or failure to provide adequate treatment, among many other things.

By filing a medical malpractice lawsuit, affected patients and/or their families can seek compensation for a range of damages caused by this negligence, including but not limited to medical expenses, lost income, and pain and suffering.

This area of law holds healthcare providers accountable for failing to meet the expected standard of care, ensuring that patients have the opportunity to recover financial losses and obtain justice for their suffering.

How often does medical malpractice occur?

Medical malpractice claims arise more often than many realize, as hundreds of thousands of patients are affected by medical errors each year. In fact, it’s estimated that over 250,000 people die each year as a result of preventable medical errors. Because many of these cases go unreported, however, only about 20,000 lawsuits for medical malpractice are filed in the United States annually.

According to the American Medical Association, over 30% of all physicians have been sued at least once throughout their careers. The risk of being sued for medical malpractice increases to nearly 50% when the physician reaches the age of 55 or older.

While exact statistics can vary, medical malpractice is considered one of the leading causes of injury and death in the U.S.

Can I sue for medical malpractice?

Yes, you can sue for medical malpractice if it can be proven that you have been harmed by a healthcare provider’s negligence. If successful, you may be entitled to compensation for damages such as medical expenses, lost income, pain and suffering, and more.

If you or a loved one experiences medical malpractice in Kentucky or Ohio, follow these steps:

1. Collect all medical records and documentation that may be relevant to the incident.
2. Report medical malpractice by filing a complaint with your state medical practices board. In Kentucky or Ohio, this involves submitting details of the incident to the respective state medical board, which oversees healthcare providers’ conduct.
3. Contact an experienced law firm that handles medical malpractice cases to evaluate your situation and determine the strength of your claim.
4. Work with your attorney to gather evidence, including expert testimony, to formally begin the legal process for filing a medical malpractice lawsuit.

How do I know if I have a medical malpractice case?

A bad outcome alone does not necessarily mean that a doctor, nurse, hospital employee, or other healthcare professional was negligent. However, if it can be proven that a healthcare employee, nursing staff, or doctor failed to meet the required medical duty of care and that a reasonably careful medical professional would have acted differently under the same circumstances, you may have a case.

The only way to know if your injury likely was the result of malpractice is to have your case reviewed by experienced medical malpractice lawyers who will consult with medical experts to determine if substandard care caused your injury.

What are the most common medical malpractice cases?

There are a vast number of ways in which medical malpractice can take place. However, some of the most common examples of medical malpractice claims we see here at TLF include:

• Misdiagnosis or Delayed Diagnosis: Occurs when a healthcare provider fails to diagnose a medical condition correctly or in a timely manner, leading to improper treatment or delayed care.
• Failure to Treat: When a healthcare provider correctly diagnoses a condition but fails to provide appropriate treatment or follow-up care.
• Surgical Errors: These include mistakes made during surgery, such as operating on the wrong body part or wrong patient, leaving surgical instruments inside the patient, or causing unintended damage to surrounding tissues and organs.
• Medication Errors: Involves prescribing or administering the wrong medication or dosage, leading to harmful side effects, allergic reactions, or failure to treat the intended condition.
• Lack of Informed Consent: When a healthcare provider fails to disclose the risks, benefits, or alternatives of a treatment that a reasonable patient would need to know before making an informed decision.
• Birth Injuries: Injuries to a newborn or mother due to negligence during childbirth, such as improper use of forceps, failure to perform a C-section, or failure to monitor fetal distress.
• Anesthesia Errors: Mistakes in administering anesthesia can result in serious complications, including brain damage, stroke, or even wrongful death if the patient is not properly monitored.
• Radiology Errors: Occur when a radiologist misinterprets or fails to identify critical findings on diagnostic tests, leading to delayed or incorrect diagnoses that can cause harm to the patient.

These are only a few of the many examples of medical malpractice. To learn more about whether your specific case constitutes a medical malpractice claim, we encourage you to speak with an attorney on our team today.

How long do I have to file a medical malpractice claim?

The length of time you have to file a claim is limited in each state by prescribed statutes. The statute governing time limits for legal action is called a statute of limitations, which varies from state to state.

The statute generally runs from the time the negligence occurred, and there are very few exceptions. If you fail to file your claim before the applicable statute of limitations runs out, then you will be barred from ever bringing it. As a result, it is a good idea to consult with a lawyer immediately upon discovering that negligence has occurred.

What is the Kentucky medical malpractice statute of limitations?

In Kentucky, you have one year to file a medical malpractice lawsuit for injuries caused by a negligent medical provider. The statute also allows one year to pursue a claim for wrongful death.

What is Ohio’s medical malpractice statute of limitations?

In Ohio, the statute of limitations for medical malpractice claims is also one year. However, the time limit is increased to two years to pursue a claim for wrongful death.

Do I need a medical malpractice lawyer?

If you believe you’ve been harmed by a healthcare provider’s negligence, you should consult a medical malpractice attorney as soon as possible. Though not legally required, these cases are complex and require in-depth legal knowledge to successfully navigate. Medical malpractice lawyers can help gather essential evidence, including medical records, related expenses, and witness testimony, and work with medical experts to prove that your physician or other medical provider failed to meet the standard of care.

An experienced attorney like those at TLF will guide you through the entire legal process, ensuring you have the best chance of securing compensation for your injuries, medical expenses, and various other damages.

How much do I have to pay to meet with a medical malpractice lawyer?

The attorneys at TLF: The Medical Injury Law Firm proudly offer our clients a free case evaluation. This means we will not charge you anything for an initial consultation with a medical malpractice attorney on our team regarding your claim.

How much will it cost me to pursue a case for medical malpractice?

The costs of pursuing a complex medical malpractice case can be staggering. These cases are hard-fought and heavily defended. Properly prepared, these cases often require your attorneys to conduct numerous depositions, retain a multitude of experts in wide-ranging specialties, and retain consultants, artists, vendors, and other specialists.

We know that our clients are usually financially devastated by the injuries they have suffered. Frequently, the primary wage earner is injured. In other cases, the cost and time associated with caring for an injured spouse or injured child wipes out savings and makes it impossible to continue working.

We respect these issues. As a result, we handle most medical malpractice cases on a contingency fee basis. Further, we generally advance all of the expenses of litigation. In other words, with few exceptions, if we do not win at trial or obtain a settlement on your behalf, you will owe us nothing.

How much can I receive from my medical malpractice case?

The amount of money (damages) you can receive from a medical malpractice case depends on several factors, including the extent of your injury and the harm it caused. Below are the types of compensation we may be able to obtain on your behalf:

• Special damages refer to economic damages, such as medical expenses and lost wages, covering the financial losses you’ve incurred due to the malpractice.
• General damages, also known as non-economic damages, include compensation for non-monetary losses like pain and suffering, mental anguish, loss of enjoyment of life, and more.
• Punitive damages, though rarely awarded in these types of claims, are intended to punish the defendant for particularly egregious or reckless behavior.

The total compensation a patient may receive varies based on the severity of the injury, the extent of negligence, and the impact on the patient’s life. Consulting with an experienced attorney will help provide a clearer estimate of the potential value of your case.

Should I accept a medical malpractice settlement offer?

Whether or not you should accept a medical malpractice settlement offer depends on the specifics of your case. While settlements can provide quicker compensation without the uncertainty of a court verdict, it’s important to ensure that the settlement fully covers your damages, including ongoing medical treatment, lost wages, and pain and suffering. Before accepting any offer from a hospital or healthcare provider, it’s always best to consult with a knowledgeable medical malpractice attorney to evaluate the offer and determine if it’s fair based on the extent of your injuries.

How do you prove medical malpractice occurred?

To prove medical malpractice occurred, your attorney must demonstrate several key elements of negligence. First, they need to show that the healthcare provider in question failed to meet the accepted standard of care, meaning the provider did not act as most doctors or healthcare professionals would under similar circumstances.

Next, it must be proven that this deviation from standard care directly caused your injuries. This often involves expert testimony from a competent doctor or other medical providers to compare what should have been done.

Finally, the attorney must link the injuries caused by the medical negligence to specific compensatory damages, such as medical bills, lost wages, or pain and suffering, ensuring that the damages are a result of the malpractice.

How long will it take until my case goes to trial?

The time it takes for a medical malpractice claim to proceed to trial varies from state to state, court to court, and case to case. There are deadlines and timelines in each step of litigation spelled out in the rules of civil procedure of the state in which the case is pending. Other timelines and deadlines are spelled out in local rules and court orders of the courts in which the case is pending. However, as a general rule, due to the extensive discovery required and the number of parties generally involved, it is rare to see a medical malpractice case go to trial sooner than two years from filing.

What is tort reform?

Tort reform refers to the effort on the part of the medical malpractice insurance industry and certain politicians to pass new laws that would limit damage awards and greatly restrict the ability of injured patients to sue health care providers. These proposals and the publicity surrounding them have made it an unfair playing field in court for victims of malpractice. Juries that have heard these false and unfair stories about medical malpractice cases are reluctant to award damages against doctors and hospitals, even in legitimate cases.

Do I have to pay my insurance company back for medical bills?

Generally, yes. When someone is injured as a result of another’s negligence, the health insurance company, Medicare, or Medicaid has a subrogation interest or lien. This means that while it is required to pay your medical bills pursuant to the terms of the insurance contract, you must pay it back from the settlement proceeds or a verdict.